Bar Owner’s Police Harassment Suit Is Dismissed

A federal judge ruled this week against a Santa Ana bar owner who contended that police singled out her customers, most of whom are Mexican immigrants, for harassment on the basis of race.

Elba Freeman, owner of the Red Turtle bar on the 1000 block of South Fairview Street, had filed the discrimination lawsuit against the city of Santa Ana and its police force in 1988. In the suit, Freeman also contended that police retaliated against her and her customers because she had filed a misconduct complaint against an officer in 1985.

U.S. District Court Judge Alicemarie H. Stotler threw the case out late Thursday, saying Freeman’s attorneys failed to prove that the officers intended to violate Freeman’s constitutional rights.

In granting a defense motion to dismiss the case, Stotler found there was “insufficient evidence to show any of the actions of the officers were motivated by questions of race, ethnic background or attempt at retaliation,” said A.J. Pyka, a defense attorney.

Stotler halted the trial two days before the case would have gone to the jury for a decision, said Meir J. Westreich, an attorney for Freeman. Westreich said he will file an appeal Monday.

Pyka said he was not surprised with the judge’s decision.

“I think it’s unfortunate so much of the taxpayers’ money has been spent on a case the judge didn’t even feel had enough merit to go to the jury,” Pyka said. Freeman’s attorneys “had loads of accusations but nothing to back up their claims,” he added.

Freeman’s attorneys argued during the trial that police raided her bar in 1987 and 1988 and, without warrants, searched every customer, made illegal seizures and dropped patrons’ pants in public to search them.

Police raids at the Red Turtle and five other primarily Latino bars in 1990 netted 45 women who were arrested on suspicion of illegally soliciting drinks, authorities said. Forty-one of them were deported without criminal trial.

During the trial, Santa Ana Police Chief Paul M. Walters said that officers usually turn over undocumented immigrants to the Immigration and Naturalization Service only for serious misdemeanors or felonies, including weapons and narcotics violations. But under policy, they can also be turned in for “any crime which poses a serious problem to the community,” Walters testified.

Crimes around the bar ranged from drug violations to homicide. One man was fatally shot outside the bar in 1987 while another died after his throat was slashed in a bar fight in 1989, police said.

Freeman said she tried to get police to help her solve the narcotics problem, but the officers turned against her and her patrons.

“We’re pretty disappointed, but very determined,” Westreich said after the verdict. “The evidence was so strong, it’s incredible she (Stotler) didn’t see it.”

Westreich said the judge prohibited him from presenting evidence he believes will demonstrate that Santa Ana police concentrated discriminatory law enforcement efforts on Freeman’s bar and 17 other primarily Latino taverns because the other bars’ liquor licenses differed from the Red Turtle’s.

That information may be admitted under an appeal, Westreich said.